Wednesday, July 2, 2008

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Article 387 .- Conditions of family life.

The family living arrangements should be mutually agreed between the father and mother, listening to the child. Agreement is not reached, either parent or teen, you may apply to the judge setting out the regime of family life, who will decide in the best interest of children. The decision may be reviewed at the request of a party, whenever the welfare of the child or adolescent is justified.

Article 388 .- Extension of the scheme of family life to others.

relatives by consanguinity, affinity and responsibility of the child or adolescent may request the establishment of a regime of family life. May also apply those parties who have maintained permanent relations and direct contact with the child or adolescent. In both cases, the court or judge may agree when the interests of the child or adolescent warrant it.

Article 389-A .- Failure of family living arrangements.

The father, mother, or who exercises custody, who repeatedly and unreasonably fails to comply with the scheme family life, hamper the realization of the right of the child or adolescent relations and direct contact with their father or mother may be deprived of custody.
Article 369 .- elements for determining child support.

For the determination of the obligation maintenance, the court or judge must take into account the needs and interests of the child or adolescent who requires it, the economic capacity of forced or coerced, the principle of unity of descent, gender equality in family relations and recognition of housework as an economic activity that creates added value and produces wealth and welfare.

When forced or obliged to work without the dependency ratio, economic capacity will be established by any suitable means.

The amount to be paid as child support obligation shall a sum of money as legal tender, for which they shall refer to the monthly minimum wage that has established the National Executive for the time when the decision was rendered. In the award may provide for the automatic increase that amount, which comes when there is evidence that child support be obligated receive an increase in their income.

Article 384 .- Jurisdiction.

With the exception of the settlement, all the fixing, offering for setting and reviewing the amount of support obligation should be decided by the courts.

Article 223. Violation of duty of support.

The obligation of support that unreasonably fails to comply shall be punished by a fine of fifteen (15) to ninety (90) tax units.

Article 381 .- Preventive Measures.

The judge or judge can agree any preventive measure aimed at ensuring compliance with the support obligation when there is evidence in the record which can extract a serious presumption of clear risk that the leave be obligated to pay the amounts that, for this concept, relate to a child or adolescent. Demonstrated the risk is considered clear when, having imposed judicial enforcement of child support obligation, there is undue delay in payment for two consecutive installments.

No preventive measures may be ordered under this article or should be lifted immediately if it appears that sufficient evidence has been forced or obliged to fulfill a voluntary and timely support obligation.

children should not represent an economic burden. THEY ARE A cluster of LOVE.

ACKNOWLEDGE THIS FACT IF ALREADY SOLVED THE PROBLEM.

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